The 2023 Florida Statutes (including Special Session C)

Title XXVI
PUBLIC TRANSPORTATION

Chapter 337
CONTRACTING; ACQUISITION, DISPOSAL, AND USE OF PROPERTY

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F.S. 337.108

337.108 Hazardous materials and pollutants; indemnification.—

(1) For purposes of this section:

(a) The term “hazardous materials” shall have the same meaning as provided in s. 768.128(1)(a).

(b) The term “pollutants” shall have the same meaning as provided in s. 376.031.

(c) The term “contractor” means any person or firm having a contract for rendering services to the department relating to the construction or maintenance of a transportation facility; the term does not include persons or firms performing hazardous material or pollutant response, containment, disposal, or cleanup services.

(2) The department may agree to hold harmless and indemnify a contractor for damages when the contractor discovers or encounters hazardous materials or pollutants during the performance of services for the department when the presence of such materials or pollutants was unknown or not reasonably discoverable. Such indemnification agreements shall only be effective if the contractor immediately stops work and notifies the department of the hazardous material or pollutant problem.

(3) Such an indemnification agreement may not indemnify the contractor for damages resulting from any willful, wanton, or intentional conduct of the contractor.

History.—s. 125, ch. 92-152; s. 164, ch. 94-356.

F.S. 337.108 on Google Scholar

F.S. 337.108 on Casetext

Amendments to 337.108

Arrestable Offenses / Crimes under Fla. Stat. 337.108

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 337.108.

Annotations, Discussions, Cases:

Cases from cite.case.law:

DEPARTMENT OF TRANSPORTATION, v. CSX TRANSPORTATION, INC., 128 So. 3d 209 (Fla. Dist. Ct. App. 2013)

. . . Notably, section 337.108(2) provides that the DOT “may agree to hold harmless and indemnify a contractor . . . The legislature enacted section 337.108 in 1992. Ch. 92-152, § 125, at 1607-08, Laws of Fla. . . . The DOT informs us that section 337.108 “is the only statute the DOT is aware of that authorizes the . . . The enactment of section 337.108 demonstrates that the legislature knows how to authorize DOT to agree . . . CSX does not dispute DOT's representation that section 337.108 is the only statute that authorizes the . . .